I mostly cover prosecutorial, judicial, and police misconduct and the demise of the Rule of Law in the USA, with an occasional musical interlude.
Let justice roll down like waters,
and righteousness like an ever-flowing stream. Amos 5:24 (ESV)

Monday, October 11, 2010

Miscarriage of Justice in Maricopa County, Part III: Feeling Even More Heat

In an earlier post, I pointed out something that should have been obvious to the police and so-called child protective workers in Phoenix, but conveniently was ignored by authorities: an unfinished attic with passive ventilation/cooling is NOT going to be a place where young children are going to be engaging in sex play for at least two hours in June in that city. Why? No one is going to be playing around in temperatures upward of 150 degrees F.

That's right; authorities are alleging that the Jacobson boy was able to coerce three other children into an attic where temperatures would be at a level to where they easily could cause death for anyone who stayed up there for two hours, let alone children in the 9-12 range. To give further evidence, the authorities allege that one of those days was a Monday, and according to Accu-Weather, the Monday temps in June in Phoenix were 108, 101, 105, and 112.

Kerwyn called a number of companies in the Phoenix area that do attic ventilation and they told her that even with the light-colored tiles that people have on their roofs in that area (as opposed to black asphalt shingles), temperatures in a passively-ventilated attic would get to about 150 degrees or so. In other words, the Phoenix police and the "child-protective" bureaucracies want us to believe that children could "play" in that atmosphere for a couple of hours with no harmful physical results.

This, of course, is nonsense. Sheer nonsense. Utter nonsense. This is something that ordinary people can understand without having to own a degree in this or that. However, the so-called experts of Maricopa County, the same people who tried to convict an innocent woman of murder, complete with wanting to have her executed, only to be confronted with hard evidence that she did not kill anyone.

Not surprisingly, we see that Jennifer Ingalls, the same "child protective worker" who played a role in the Randall case is involved in this one. This is a woman who cannot tell the difference between a harmless picture of a child in a bathtub and outright child pornography.

(I would love to do a major article on the fact that the "law enforcement experts" in this country today are less capable than ever of being able to deal with evidence and make sense from it. Where everyone else sees white, these people insist on seeing black. Watching the so-called experts in the Duke Lacrosse Case try to engage in outright Harry Potter Forensic Science, including a belief in things like "magic towels" that could make some DNA disappear while leaving traces of DNA of others, tells me that we now are in an age in which the authorities prefer fantasy to the truth.)

So, we are supposed to believe that somehow a 14-year-old boy was able to coerce children from their own homes, force them into an attic where temperatures were 150 or so degrees, and force them to do disgusting things for a couple of hours while rolling about on a dusty floor of particle board. Furthermore, we are supposed to believe he was able to do this at least two days in a row, and having these children being exposed to temperatures that often result either in death or serious health effects in other children resulted in no appreciable effects upon these particular children.

This, people, is nothing more than Harry Potter Forensics. This is utter fantasy, the very kind of thing that so-called experts are supposed to be able to discern as being nonsense. Instead, we have police and prosecutors wanting us to believe the unbelievable.

I wish this were just an isolated incident. However, don't forget that most prosecutors and police lined up to support Mike Nifong even when bloggers and attorneys were blowing huge holes in his evidence. Don't forget that police and prosecutors line up behind lies and forgeries in the Tonya Craft case, in which we were supposed to believe that Ms. Craft was molesting little children in front of other children and adults -- yet they saw nothing.

If you want to understand why I no longer have any confidence in police and prosecutors to tell the truth, this is why. When these people are trying to convince us that we are supposed to believe fantasy over basic logic, then we no longer are in an age in which truth matters. When a member of the Georgia State Bar tells me that lying, forging documents, and subornation of perjury is just another day at the office for prosecutors who "are just doing their jobs," then we have to understand that the unthinkable has happened: The authorities in this country really do prefer lies to the truth, and they insist that the rest of us go along -- or else.

20 comments:

Anonymous
said...

Just like Kittle, their thought process doesn't consider whether something is impossible. A friend of mine recently told me of an accusation by a young girl of "harassment" by a young boy. As it turned out their were multiple children all in the same room with the girl at during the time the so-called harassment occurred. Everybody was playing xbox. The girls mom was at the house and called numerous times for the girl to come downstairs, each time the girl coming to the top of the steps and protesting mom's request to leave. Of course, and luckily, this girl, when confronted with facts, admitted she had lied. Turned out she was upset that she had been caught by her "harasser" holding hands with another boy (not her boyfriend). She made up the story against the "harasser" to keep him from telling her boyfriend. Kids don't lie, yea right. Not only do they lie, they lie for the express purpose of getting others in trouble to deflect from their own misdeeds. Sound familiar?

Can't even imagine any one lying like that, Till it happen to us, we had never been in any kind of trouble, But when two ex-wifes got finished with us, we know what lies could do to a innocent person. And when Dade Co. got through with it,Oh my it was reallybad. I know how lies can turn your world upside down.. We just keep praying.one day it will be over for us and the truth will come out.

I remember Junes in Phoenix when stationed at Luke AFB. They were downright miserable, and that was sitting under the AC or moving as fast as possible from car to house or store or work place. As for an unfinished attic area being a play zone for kids? Who are they kidding? 150 is a mild estimate of how hot that area can get, especially if one of the monsoon storms is forming. Maricopa County juries might just have an awakening when presented with this information from a trusted pediatrician, explaining just how those kids would have suffered in the heat - and could have never stayed up there as long as they claim. The prosecution might believe kids can't lie but I have experience that says otherwise. And it starts with catching my own kids after raiding the cookie jar and their denying it - even with the crumbs around their mouths. Kids will do or say anything to stay out of trouble but it's up to us as adults to teach them the truth will always be better in the long run.

I'm just curious what the motive might be behind the parent's accusations. What prompted the DA to pursue this case after looking at the facts? Why, especially, trying to prosecute a 14-year old as an adult? Something stinks somewhere.

As in most cases where there is no obvious answer, money is the answer.

The Arizona Victim's Rights is the most generous in the nation, "helping" alleged victims with their expenses. If the boy gets convicted I am sure there will be a civil lawsuit.

Police, CPS and Child Advocacy/Child Help Centers receive federal funds. With the budget crisis in the state and many government jobs being at risk of being eliminated it provides job security to have a high number of "offenders".

The prosecutor probably hasn't read anything yet. In the majority of cases they just bully the defendant until he takes a plea.

What would have been the incentive of the prosecutor to proceed with the Lisa Randall case? It lasted for almost 3 years, although none of the accusation made any sense and they had no case. Truth doesn't prove your innocence and innocence is no longer a defense. Many prosecutors don't care about truth or innocence, they care about winning cases.

In other words, the Phoenix police and the "child-protective" bureaucracies want us to believe that children could "play" in that atmosphere for a couple of hours with no harmful physical results.

This, of course, is nonsense. Sheer nonsense. Utter nonsense. This is something that ordinary people can understand without having to own a degree in this or that.

Once again, for the benefit of everyone who regularly reads this blog, I repeat, with great emphasis:

Arizona is NOT populated in the majority by "ordinary" people. Arizona is populated in the majority by the stupidest, laziest, most irresponsible, ignorant, and uneducated excuses for humanity imaginable!

If this eye-opener, already posted on this blog, doesn't convince the majority of the readership of this blog of that fact (and the linked example, a relatively minor one, is just one out of hundreds I could point to), then I submit that the majority of the readership would feel right at home in the Grand Canyon State.

Bill and Kerwyn, it goes without saying that I thank you sincerely for your efforts in exposing this case, because I think that too many people, even those ostensibly committed to liberty, are showering undeserved praise upon what passes for "government" in this state. This misguided praise is based on Phoenix's ruling kleptoplutocracy's empty posturing on illegal immigration and "crime fighting." But, Kerwyn, I really think you wasted precious lifeminutes (and maybe even money) calling HVAC contractors in the Phoenix area in an effort to refute the "official" lie. I don't think any of this blog's regular readers, or indeed anyone with an IQ north of zero, believed even for a second the "official" PPD/MCSO story of "sex in the attic." Unless regular readers other than myself are Arizona residents, such refutation is unnecessary - and I seriously doubt that any other Arizona readers who regularly read Bill's work are part of the Arizona moronic majority who would need such a refutation.

My point here is that no action on the part of "law enforcement" in this state, whether in Phoenix, MC, or elsewhere, should be interpreted as anything other than an act of ineptitude at best, or of criminal misconduct at worst. If you really feel obligated to report on what goes on here, it would be much easier and a better use of your precious time and resources to simply report those rare instances of breaking news: i.e., acts in which "Law enforcement" agents actually serve as "peace officers" by protecting persons and property from actual violent acts by real criminals. This would be a painless endeavor, because such actions by "law enforcement" are almost unheard of here. Better that your efforts be used to highlight criminal misconduct and perjury by agents of the State in those states where it is isolated to certain jurisdictions and where there is actual hope that the situation can be somewhat mitigated in favor of law and liberty, if not completely turned around (and I'll bet that that will happen in the LMJC and the rest of Georgia before it ever happens here). Arizona, sadly, is not one of those places.

It is my sincere prayer that if this goes to court, that a good defense blows these same embarrassing holes in the prosecutor's case. Never give up on the wisdom of the common man in discerning the truth. Just like the TC case, if it is obvious to us, a jury of citizens with common sense will see this farce for what it is. LIES, and the attempt to destroy good people.

Bill there’s no requirement for prosecutors to provide defense witnesses food, water, or reading materials. There’s also no rules, laws, or regulations against making these things available for prosecution witnesses.

The Korean fellow in your previous post went out of his way to keep his deposits below the ten thousand limit. The only reason to structure a deposit is to keep it below the limit to keep from receiving the tax form at the end of the year. Structuring is a means to avoid taxes. Your death penalty argument is an orange to this apple. An infamous guy, Al Capone, most might recognize was caught because of tax evasion similar to this not the RICO Act. The government is using this law today to help prevent people from funneling money to Hamas and Hizballah to fund terrorism. Are you okay with that.

I don't know if this kid did what he is accused of but to say it's impossible is idiotic. So what you’re saying is a fully dressed US soldier in battle gear does not perform a combat role in a very similar environment for 8 hours a day effectively. The climate in Iraq is very similar to that of Arizona and the outside temp reaches 116 degrees in the summer. The military said carrying all the extras adds about ten extra degrees so a soldier is fighting in almost 130 degree heat. I would say it’s easy to believe that a few kids could sit in a partially vented attic for a few hours when they are lightly dressed. I guess all construction stops in Arizona during the summer because of the heat. I’m sure that carpenters in that area do not finish out attics like that or insulate prior to putting roofs on. I found a home inspection site for that area where the inspectors talk about spending two, three, and four hours completing an attic inspection. “I used to average over an hour in the attics, many times around 2 hours.” Where’s the fantasy? People are working in these type conditions every day.

I like how you use my black and white reference in this post. You don’t see any color but that law enforcement is wrong.

Oh and I thought you already cleared up the fact that law enforcement does not receive money for these type cases. I guess the above reader is misinformed, how about clarifying that issue for the readers so they don’t make that mistake again. I forgot it’s not part of your factual (sarcasm) reporting.

You must be a cop, as you justify the most ridiculous things out there. Yeah, we are going to believe that kids were in 150 degrees in an attic for two hours and were just fine.

Your combat soldier analogy simply does not work. These are trained adults, not kids.

You know, this is unbelievable. I also figure you believe Mike Nifong had a great case, but those rich kids could buy justice, right? Yeah, they raped Crystal Mangum, ejaculated on her, then wiped her off with a "magic towel" that made her DNA disappear (but kept the DNA of David Evans, not the other two who were charged).

People, if you want to see why there are wrongful convictions, just read this guy and you will understand the mentality that pervades cops and prosecutors. Throw facts out the window, please.

By the way, if this guy was evading taxes, then why was he not charged with tax evasion? And, you did not answer my question about Elliot Spitzer, who was not charged with anything.

Please don't tell me that you also think Nifong was a great prosecutor who was unjustly treated. That would take the cake.

Again, this is a guy who believes that if the authorities charge you with a crime, you MUST be guilty, since cops and prosecutors always are honest and never make mistakes.

If you are such a self-proclaimed expert, Anon 9:33 why don't you back up YOUR "fact" with references. All I hear from you is personal attacks on Bill and not one single shred of evidence that would back up what you are saying.

Just because you are saying that police doesn't get funds from this, doesn't make it true. The do get funds! One Arizona home inspector's website (where is the link? talks about spending several hours in the attic? Now that's really scientific proof, after all the inspector spends 1 or 2 hours in the attic and hasn't dropped dead. Let's haul the home inspector into court as an expert witness.

I have been at many home inspections and if you know anything about construction and home inspections, it would be clear that there is not much to inspect in an attic and home inspectors spend a maximum of 20 to 30 min in the attic and most home inspections are no longer than 2 or 3 hours.

It is very different to have an outside temperature of 116 degrees in Iraq, operating on the outside while being properly hydrated, than spending time in an UNventilated attic with no air movement at 130+ degrees.

Your comparison to soldiers in Iraq is ridiculous at best. Those who are deployed into these areas are going through intense training to prepare their bodies for those conditions. These ADULT soldiers are equipped with neck coolers and helmet liners to keep the body temperature down. Despite of this, many soldiers show signs of heat exhaustion, heat stroke and physical distress. At least one soldier died per day during that time http://abcnews.go.com/WNT/story?id=129623&page=1

Why don't YOU get your facts straight before you launch baseless attacks on others. Seems to be the weapon of choice of certain people, if you don't have any credible arguments, just bully people.

9:33 You obviously don't have kids or you would know that they usually choose comfort over duress. I think kids will sweat for a short time in a hideout but would soon evacuate under those extreme conditions.

I also cannot fathom that a 14 year old, a child, is being persecuted for a child on child allegation. Aren't they all children (even had something happened?)

It seems to me that this is abuse and torture of a child who has been kidnapped and held from his family for an extended period. I really feel for this family - what a miserable situation.

As for the witnesses, are you trying to tell me that it was acceptable in Catoosa County for the prosecution witnesses to be given privileges that NO ONE ELSE received? You have said there was no rule against what they could have one way or another.

That is not the issue. The issue (which you apparently ignore) is the fact that witnesses for and supporters of the prosecution received special privileges and everyone else was treated like criminals. No doubt, you approve of that, too, since anyone who might ever disagree with a prosecutor must be a criminal.

As for the heat issue, tell me, did the boy for several days coerce these children to become acclimated to the heat, since all of them live in air-conditioned homes? And, when their training was complete (done under duress, of course), then he led them to the attic.

People, if you wish to understand the mentality of the modern cop and prosecutor, here it is. No doubt, this guy considers himself to be superior to the rest of us, but what he really is saying is that no matter how outrageous the claims of police and prosecutors might be, he is anxious and ready to believe them.

I still want you to answer the question about whether or not Mike Nifong had a legitimate rape case against the Duke Lacrosse players. I want you to explain to me how Reade Seligmann could be in two places (more than a mile apart) at the same time.

Wendy Murphy came up with an explanation. Oh, it was tortured and had a bunch of incorrect points, but nonetheless whenever one of her points was proven false, she quickly created something else, and so on.

Also, folks, don't forget that this guy still insists Tonya was guilt, that she was doing all of these things even if the information given to us by the prosecutors does not add up. I suspect he also thinks Tim Masters was guilty. Why? Because he was charged, and he believes that if one is charged with a crime, well, the authorities never are mistaken.

No doubt, he has a shrine to Wendy Murphy and Nancy Grace somewhere in his home.

I'm just curious what the motive might be behind the parent's accusations. ============================The same motivation that the witch hunt accusers had from 1200-1800 AD. People are so desperate to root out and destroy monsters that when none are to be found they invent them out of thin air.

To the anon troll. Structuring deposits to avoid taxes? Hahahahaha! You have no clue what you are talking about. If its a deposit, it cannot be hidden by definition. If someone "structures" a deposit, they deposit less than $10,000 in CURRENCY in a series of transactions for the specific purpose of avoiding a deposit of $10,000 or more in CURRENCY. The statute itself does not require an underlying crime yet it triggers unwarranted suspicion of money laundering. Don't believe me, they call the report an SAR, a Suspicious Activity Report. To try and avoid taxes you DON'T deposit cash. I agree Bill, must be a traffic cop.

Heat tolerance as in your example of military is acquired. As a matter of point, when our troops first deployed the "casualty" rate for heat exhaustion was over 70%. The military quickly learned they had to acclimate the soldier prior to front line deployment or lose them to heat exhaustion/stroke.

OSHA sets very strict guidelines for heat acclimation in industry where the adult employees regularly work in very hot environments and OSHA forbids the use of any child as a worker in those environments. Once acclimated, an adult (note the word Adult) can withstand high temperatures as long as they have several short breaks in a cooler area AND keep completely hydrated due to the base 10 to 20 mL/kg per hour passive fluid loss. Even an adult who is acclimated to high temperatures, who fails to keep completely hydrated will suffer heat exhaustion and/or stroke due to passive fluid loss.

High heat exposure affects children much differently as their bodies heat 3 to 6% faster than an adult's and lack the metabolic cooling, faster passive fluid loss (and the attendant loss of vital minerals such as potassium and sodium), smaller available sodium and potassium present in their bodies and smaller body surface area for heat loss that an adult has. You can read the landmark study done by Tsuzuki-Hayakawa and Tochihara to become educated in WHY children do not and cannot acclimate like an adult and why, in very short exposures to high temperatures become seriously compromised.

There are several excellent pediatric studies done on enclosed heat environments and how deadly they are. Automobiles are an excellent example given they have little ventilation (even with windows cracked) and heat very quickly. The unventilated attic temperatures reach these same levels with the same effects.

Prior to coming here and using an acclimated adult as your example, you really should do a bit of research on the subject. Children are NOT little adults. Their bodies and metabolism do NOT work the same way and adults who think that are plain ignorant.

I would also recommend you read the recommendations from the American Academy of Pediatrics as to use of the WBGT so that you too can determine intellectually that 140 degrees for 2 hours is too long for a child.

As Dr. Anderson has seen the research studies; I know he has, I provided them, I suggest to you, that you become completely educated in this area prior to posting silliness.

We are dealing with a person who probably thinks Mike Nifong had a good case against the Duke Lacrosse players. I'm sure that he believes that as long as the kids wore light clothing, they could stay and play in that attic for hours without any adverse effects. I mean, the police believe that, so we are supposed to believe it, too.

Now, laws of science and logic don't matter to people like him. The Laws of Harry Potter Science and Forensics are good enough for this guy.

About Me

I teach economics at Frostburg State University in Frostburg, Maryland. We are located on the Allegheny Plateau, and we have cool summers and tough winters.
I am the father of five children, four of them adopted from overseas, and the husband of a beautiful wife. I have two grandchildren. My family and I are members of Faith Presbyterian Church (PCA).